TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement ("Agreement") forGame center base. This Agreement governs only the content, features, and activities related to this Site and does not cover websites for any subsidiaries and affiliates of Defy (collectively, "Affiliates"), or any other company, unless specifically stated.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and Defy and your use of the Site constitutes acknowledgement that you understand and agree to abide by the terms of this Agreement including any additional terms that govern certain products and services, The words "use" and/or "using" in this Agreement mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with, the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.

1. REGISTRATION AND USE OF PASSWORD

We may require each user to have a unique user name and password combination in order to use the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site.

PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.

2. MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms of use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms of use.

3. OWNERSHIP OF INTELLECTUAL PROPERTY

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, Applications, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Defy and its Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. On notice, we will act expeditiously to remove content on the Site that infringes the copyrights of others and will disable access to the Site of anyone who repeatedly to infringes the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.

4. ADVERTISING

From time to time, during your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

5. AGREEMENT TO DEAL ELECTRONICALLY

All transactions with or through the Site or Defy may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.